Changes to Legal Handgun Carry in Maryland
With Governor Moore's approval, The Maryland General Assembly has passed two bills that substantially burden Marylanders' right to armed self-defense in public. Starting October 1st, 2023, SB 1 bans public carry in most buildings by default unless a building's owner or agent provides express consent to carry inside. It also makes a host of places completely off-limits regardless of what the property owner says. HB 824 affects carry permits themselves by increasing permit fees, affecting background investigations, increasing the penalty for carrying a handgun without a permit, and imposing new disqualifiers on the possession of regulated firearms. These restrictions on legal handgun carriage are largely in addition to the places already off-limits as covered in our State and Local weapons laws guide. Read more about these two bills and your right to protect yourself.
On behalf of our members and in partnership with the Second Amendment Foundation and Firearms Policy Coalition, Maryland Shall Issue and three individual plaintiffs are challenging unconstitutional aspects of SB 1, the so-called “Gun Safety Act of 2023” in the US District Court for the District of Maryland. SB 1 effectively nullifies the "general right to carry in public" for carry permit holders confirmed by the Supreme Court's decision NYSRPA v. Bruen just this last June. It does so by banning firearms in a whole host of locations otherwise open to the public, including places like stores and shops, restaurants, museums, and healthcare facilities. The suit also challenges the general ban on possession of firearms on public transit owned or controlled by the State Mass Transit Administration and in the tens of thousands of acres of woodlands in State parks, State forests, and State Chesapeake forest lands. We have every confidence that we will prevail in whole or in part in this suit.
Find more about Novotny v. Moore HERE.
Current as of 5/18/23. This section will continue to be updated.
Sensitive Places (SB 1) - Effective 10/01/2023:
It is illegal to wear, carry, or transport a firearm as defined in MD Code, Criminal Law, § 4-104 in the below locations:
I. Private Property
-Any private building lacking notice that concealed firearms are permitted within the premises
-Private dwellings except with permission, excluding common areas in a condominium, as defined in § 11-101 of the Real Property Article, property of a cooperative housing corporation other than a unit as defined in § 5-6B-01 of the Corporations and Associations Article, or common areas of a multifamily dwelling as defined in § 12-203 of the Public Safety Article
2. Areas for Children and Vulnerable Adults
-Preschool or prekindergarten facilities, including the grounds thereof
-Private primary or secondary schools, including the grounds thereof
-Health care facilities, as defined in § 15-10B-01(G)(1),(2),(3), and (4) of the Insurance Article
3. Government or Public Infrastructure Areas
-Buildings or any part thereof owned or leased by a unit of the State or Local government - these places must display a clear and conspicuous sign at the main entrance of the building or the part of a building that is owned or leased by the unit of state or local government indicating that it is not permissible to wear, carry, or transport a firearm in the building or that part of the building.
-Buildings of public or private institutions of higher education as defined in § 10-101 of the Education Article
-Locations that are currently being used as polling places in accordance with Title 10 of the Election Law Article or for canvassing ballots in accordance with Title 11 of the Election Law Article
-Electric plants, electric storage facilities, and gas plants as defined in § 1-101 of the Public Utilities Article
-Nuclear power plant facilities
4. Special Purpose Areas (private or public ownership included)
-Locations licensed to sell or dispense alcohol or cannabis for on-site consumption.
-Stadiums
-Museums
-Amusement parks
-Racetracks
-Video lottery facilities, including casinos and a facility with terminals for any game of chance, as defined in § 9-1A-01 of the State Government Article
Exempt from carry restrictions:
-Firearms that are carried or transported in a motor vehicle if the firearm is locked in a container or handguns worn, carried, or transported in compliance with any limitations imposed under § 5-307 of the Public Safety Article by those who permits to wear, carry or transport handguns have been issued under Title 5, Subtitle 3 of the Public Safety Article
-Law enforcement officials or police officers as defined under § 3-201 of the Public Safety Article
-Members of the Armed Forces of the United States, the National Guard, or the Uniformed Services while on duty or traveling to or from duty
-Members of an ROTC program while participating in an activity for an ROTC program
-On-duty employees of a law enforcement agency authorized by the agency to possess firearms on duty or whose duty assignment involves the possession of firearms
-Correctional officers or wardens of a correctional facility in the State
-Railroad police officers appointed under Title 3, Subtitled 4 of the Public Safety Article
-Employees of an armed car company, if acting under the scope of employment and has valid permits to wear, carry, or transport handguns issued under Title 5, Subtitle 3 of the Public Safety Article
-Off-duty law enforcement officials or retired law enforcement officials in good standing from the United States, the State or another state, or a local unit in the State or another state who possesses a firearm if their badge or credential is carried in compliance with the requirements of the badge or credential and the firearm is carried or possessed by the official or person is concealed from view
-For private property, the property owners or lessees of the property, and persons selected by the owner or lessee (1) to be employed as a security guard licensed under Title 19 of the Business Occupations Article or (2) for protecting any individual or property at the location with an express agreement between the parties, remuneration or compensation
-Locations being used with the permission of the person or governmental unit that owns, leases, or controls the location for organized shooting activities for educational purposes, historical demonstrations using firearms, or hunting or target shooting
-The wearing, carrying, or transporting of a firearm on a portion of real property subject to an easement, a right of way, a servitude, or any other property interest allowing access on or through the real property by the holder of such property rights or a guest or assignee of the holder
SB 1 also Requires:
-Handguns must be carried concealed under or within an article of the wearer’s clothing or within an enclosed case, but allows the momentary and inadvertent display of a concealed firearm
Penalty Upon Conviction for Being in a Sensitive Area as Outlined in SB 1:
-Misdemeanor punishable by up to 1-year imprisonment and/or a fine not exceeding $1000. If on supervised probation, handguns cannot be legally possessed
Changes to Handgun Possession (HB 824) - Effective 10/01/2023:
New prohibiting factors from legal handgun possession:
-If on supervised probation for a conviction of a crime punishable for 1 year or more, a violation of § 21-902(b) or (c) of the Transportation Article, or violating a protective order under § 4-509 of the Family Law Article. Note: Possession is not prohibited for those who have only received Probation Before Judgement (PBJ) for these offenses
Changes to Carry Permits (HB 824) - Effective 10/01/2023:
-Permit fees for initial and renewal applications increase to $125 and $75 respectively. Duplicate or modifications to permits double to $20
-Current renewal periods are left unaffected (2 years and then til the applicant's birthday for initial permit, 3 years for renewals)
-Maryland’s “good and substantial reason” requirement for issuance of a permit to wear, carry, or transport a handgun currently under MD Code, Public Safety, § 5-306(a) is fully repealed from law
-The State Police may revoke a permit from a holder who doesn’t maintain possession of their permit while carrying
-The State Police must revoke permits from those who do not continue to be qualified for a permit
-The State Police must provide written, detailed notice to a person whose application or permit has been denied, revoked, or limited
-Applicants and permit holders may not be respondents to current non-ex parte civil protective orders, current extreme risk protective orders, or any other type of current court order prohibiting the person from purchasing or possessing firearms
-Applicants must not be prohibited by State or federal law from purchasing or possessing handguns
-Applicants must not have been convicted of a second or subsequent violation of § 4-104 of the Criminal Law Article, or if that violation resulted in the use of a loaded firearm by a child causing death or serious bodily injury to the child or another person — these affected persons may not have a permit issued to them for five years following conviction
-Reporting by the State Police to the status of information about how many permits are issued, revoked, holder demographics, and other information related to the issuance of permits
New prohibiting factors from permit issuance:
-If on supervised probation for a conviction of a crime punishable for 1 year or more, a violation of § 21-902(b) or (c) of the Transportation Article, or violating a protective order under § 4-509 of the Family Law Article
-If suffering from a mental disorder as defined in § 10-101(I)(2) of the Health - General Article and has a history of violent behavior against the person or another
-Has been involuntarily admitted for more than 30 consecutive days to a facility as defined in § 10-101 of the Health - General Article
-Is a respondent against whom a current non ex parte civil protective order has been entered under § 4-506 of the Family Law Article, a current Extreme Risk Protective Order (ERPO or "red flag") has been entered under § 5-601 of this title, or any other type of current cour order has been entered prohibiting the person from purchasing or possessing firearms
-Is otherwise prohibited by State or Federal law from purchasing or possessing a handgun
Changes to Required Training (HB 824) - Effective 10/01/2023:
-Training must be provided in-person
-The following topics must be taught by instructors from a curriculum to be generated by the State:
-The State police must take reasonable steps to ensure the surrender of any regulated firearms from those prohibited from possessing regulated firearms under MD Code, Public Safety, § 5-133
-Any new requirements to the permit application process imposed by HB 824 do not apply retroactively, but only to initial applicants and renewing permit holders from 10/01/2023 onward
-A severability clause in the bill protects the law as a whole should any part of it be struck as unconstitutional
